The phrase "keep my record clean" is the #1 goal for almost everyone entering the justice system, but what does that actually mean in Texas? In this episode of So You Got Arrested, Jacob Lindberg and Steve Barrera of BRCK Criminal Defense pull back the curtain on the confusing world of criminal records, arrests, and the long-term consequences of "deals" that sound better than they are.
Key Topics Covered:
- The "Permanent" Nature of an Arrest: Discover why a dismissed case doesn't automatically disappear. Jacob explains how an arrest creates a "global" record shared with the FBI and Texas DPS the moment you are booked—and why it stays there forever unless you take legal action.
- The Truth About Deferred Adjudication: Many people believe deferred adjudication is a "total dismissal." The team breaks down why this is often a misconception, how it can still show up on background checks, and why it's a permanent bar for certain career paths and government base access.
- Sealing vs. Clearing (Non-Disclosure vs. Expunction):
- Non-Disclosure: Learn about "sealing" a record from the public, why it has a five-year waiting period for felonies, and why government agencies (like nursing boards or the bar) can still see right through it.
- Expunction: The "Gold Standard" of record clearing. Find out who is truly eligible, the "black and white" rules of the process, and how an acquittal at trial can lead to a free expunction.
- The "Trap" of Family Violence Findings: Why accepting a plea for family violence—even with deferred adjudication—can permanently strip you of your gun rights and prevent you from ever sealing your record.
- Common Myths: Steve and Jacob debunk the "10-year rule" (records do not just fall off over time) and discuss the potential future of marijuana record reform in Texas.
"An expunction is a black and white process... you are either eligible or you are not. It’s the most important thing to clear your name, but you need an attorney who knows the intricacies." — Jacob Lindberg
Need to Clear Your Name?
If you have an old arrest holding you back or are currently facing charges in San Antonio or the surrounding areas, don't leave your future to chance.
